On social media, rumor has it that some school boards are voting to do away with public comment at their school board meetings. The fear is that while families are away on vacation, they are losing their voice in their children’s public education. However, before you panic, know that there are laws, rules, and rights on your side.
The Laws
Every state has Open Meetings Laws that guarantees public access to meetings held by government agencies, including local boards of education. Every state also has laws that guarantee the right to speak during public comment at various government agency meetings, including local boards of education. These laws require notice of the meetings, agendas, instructions about on matters not on the agenda, enforcement procedures, and penalties for government agencies that violate the state’s Open Meetings Laws.
Just knowing these laws exist and that they preempt (take precedence over) local school boards can help parents and educators feel confident that state laws protect their voice in their children’s public schools. The laws just may need to be mentioned or enforced.
In Georgia, the state’s Open Meetings Laws laws include O.C.G.A. §§ 50-14-1 and 20-2-58, which are linked using Justia.com, a free online legal resource. If you are looking in your state, Open Meeting Laws are sometimes called “sunshine laws” or “freedom of information” laws.
The Rules
Every State Board of Education passes rules that elaborate on the state’s Open Meetings Laws. These rules give additional guidance on what is and is not permitted during state and local school board meetings.They may also elaborate on the right to public comment. In fact, these rules may limit the local school board’s ability to change their own rules. Yet, parents and educators need to know that these rules exist, where to find them, and how to enforce them.
In Georgia, these rules include GA Rules and Regs 160-5-1-.36 and 160-4-4-.20, to name a few.
The Rights
If you were born after 1960 and are not in the legal profession, you probably know little about your free speech rights. The federal constitutional right to freedom of speech includes the right to speak on government property, including public buildings where local school board meetings are held, within certain limits.
For example, municipal buildings where school board meetings are held are generally considered a “designated public forum.” Here, government or local school board restrictions on speech must be content-neutral (i.e., not based on the content of the speech), viewpoint neutral (i.e., allow both sides of an issue), and meet other constitutional requirements. So, if your local school board attempts to eliminate public comment or passes rules limiting public comment based on content or viewpoint, you may have a constitutional issue on your hands.
Exercise Your Rights in Local School Board Meetings
In short, if you are willing to assert the laws, the rules, and your constitutional rights, public comment will be protected. You will still have a voice in your children’s public education.
However, remember that public comment is just that – a comment to the local school board that is made in public. It should not be confused with a formal written request or a hearing before your local school board, which generally requires a response from the school board that can be appealed to the State Board of Education and then the courts.
For more on these issues and links to applicable state laws, rules, and federal and state constitutional rights in all 50 states, see Laws, Rules, and Rights: A Guide to Protecting Children in Public Schools, by Kelly Himes Brolly. More specifically, see pp. 49-53, 65-73, 75-86, and 147-155.
